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(영문) 광주지방법원해남지원 2019.02.13 2018가합3100
공탁금 출급청구권 확인
Text

1. On September 26, 2017, the Plaintiff, B Co., Ltd., and D, Nam-gun District Court of Gwangju District on September 26, 2017, gold 2017.

Reasons

Basic Facts

E Around May 2017, E Co., Ltd. (hereinafter referred to as “E”) awarded a contract for construction works (hereinafter referred to as “instant contract”) from the Navy at KRW 822,807,00 with respect to the instant construction works at KRW 822,807,00. On the 22th of the same month, the construction period of KRW 822,807,000, and the construction period of the instant construction works from May 23, 2017 to October 19, 2017.

E decided May 8, 2017 to delegate the instant construction project to G on May 8, 2017, with a plan to repay the debt amounting to KRW 30,00,000,000 that had been previously borne by G, and upon issuing a promissory note of KRW 850,00,000 at face value (hereinafter “instant promissory note”) to G on the same day so that G may be ordered to receive a complete order with respect to the future claim for the construction cost against E-Gun under the instant contract for the instant construction project (hereinafter “instant claim for the construction cost”). In the event of delayed payment of the said promissory note, H notary’s Joint Office No. 669, 2017, a notarized deed was prepared to the effect that compulsory execution is recognized.

G, on May 17, 2017, with respect to a promissory note gold claim based on the above notarial deed, the G was issued an assignment and assignment order for the instant claim for construction price against E under the Gwangju District Court Decision 2017TTTTTT 2017TT 634 (hereinafter “instant claim attachment and assignment order”), and the said order was served on South-Nam on May 17, 2017, and on E on May 27, 2017, and became final and conclusive on June 6, 2017.

On July 1, 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the terms and conditions that the metal structures and windows among the instant construction works were subcontracted by fixing the construction cost of KRW 435,60,000, and the construction period from July 1, 2017 to October 19, 2017 (hereinafter “instant subcontract”). On July 17, 2017, the subcontract consideration for the instant subcontract with G and G, all creditors, is governed by Article 35 of the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act.

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